In his article, The Sound of Science in Major Questions Doctrine Jurisprudence, published in Natural Resources & Environment (ABA, Spring 2025), Pace | Haub Environmental Law Professor Josh Galperin (with co-author Terra Baer) examines how the U.S. Supreme Court鈥檚 use of the major questions doctrine undermines core constitutional and statutory principles鈥攑articularly when the Court treats congressional silence as legislative intent.
鈥淪ilence does not signal intent,鈥 they write. 鈥淚t signals the limits of a complex and deliberative lawmaking process.鈥
The authors argue that this judicial overreach threatens the foundations of the regulatory state and bypasses mechanisms like the Congressional Review Act, which already provides a clear process for reviewing major agency rules. Recognizing that process鈥攁nd not replacing it with judicial speculation鈥攊s essential to preserving democratic accountability.
In her article, 鈥淟egal Professional Privilege in a Digital World: A Comparative Analysis,鈥 published in Volume 15 of the British Journal of American Legal Studies(Spring 2025), Pace Haub Law Professor Lissa Griffin and co-author Dan Jasinski explore the evolving challenges to legal professional privilege in an increasingly digitized criminal justice system.
In his article, The 'Realness' Key to Compelled Passcode Production, published in the Journal of Criminal Law & Criminology (Vol. 115, 2025), Pace Haub Law Visiting Assistant Professor Gabriel Pell offers a novel framework for applying the Fifth Amendment鈥檚 Foregone Conclusion exception to compelled passcode entry.
In her article, Representing Climate Wreckers, published in the NYU Environmental Law Journal (2025), Pace | Haub Environmental Law Professor Camila Bustos examines the ethical responsibilities of attorneys representing fossil fuel companies鈥攖ermed "climate wreckers"鈥攁nd argues for a reevaluation of professional conduct standards in light of the climate crisis.